Advertising Standards Authority releases latest Complaints Bulletin
- 6 advertisements across Online, Direct Mail, Social Media and Radio were found to be in breach of the Advertising Standards Authority Code on grounds related to a range of issues including Misleading and Environmental Claims
The Advertising Standards Authority’s independent Complaints Council has released its latest Complaints Bulletin which contains 7 case reports on complaints recently investigated by the organisation.
6 of the 7 cases were upheld in full. Advertisements across Online, Direct Mail, Social Media and Radio were found to be in breach of the Advertising Standards Authority Code on grounds related to Misleading and Environmental Claims. The Independent Complaints Council chose not to uphold one complaint.
The Complaints Council is a completely independent arm of the Advertising Standards Authority and is responsible for considering and adjudicating on complaints submitted by the public, by an organisation, by a Government Department, or any other person or body. The Council is made up of a range of experts from the advertising, media, education, consumer, and marketing sectors. See further details here – https://adstandards.ie/about-us/
Commenting on the latest Advertising Standards Authority rulings, Orla Twomey, Chief Executive of the Advertising Standards Authority, stated: “The mission of the Advertising Standards Authority is to ensure consumers are safeguarded from advertising that is harmful, misleading of offensive. Our latest complaints bulletin highlights the diverse role we play in upholding honesty, transparency and integrity across the Irish advertising landscape.
Beyond ensuring compliance with the Code, we are dedicated to promoting its principles throughout the industry, not only addressing non-compliant advertising but also proactively educating both consumers and brands. Through these efforts, we aim to foster trust in advertising for all.
Additionally, to assist advertisers, we offer a free and confidential copy advice service, guiding them in creating responsible and compliant advertisements. This service provides invaluable guidance for advertisers, agencies and media that carry advertisements who may have questions or concerns about the compliance of marketing communications. We encourage anyone in the industry to take advantage of this resource to ensure their advertising is both responsible and effective.”
Below is a list of 6 advertisements that have been found to be in breach of the Advertising Standards Authority Code:
| Advertiser | Medium | Complaint Category | Description | Complaint Status | Section Breached | Link |
|
Keller Williams |
Online (Third Party Website) |
Misleading |
The advertisement featured a house for sale and was seen on a third party website. The house was labelled as having “3 beds 1 bath” and later described as a “2 / 3 bedroom property.”
The complainant considered the advertisement misleading on the basis that the third bedroom did not have a window, only a small skylight, which would be unreachable in the event of a fire. |
Upheld |
4.01, 4.04, 4.09 and 4.10 |
https://adstandards.ie/complaint/property-19/ |
|
An Post |
Direct Mail |
Misleading |
The advertisement included a number of statements including “Post now has no limits”, “Digital stamps are available on the An Post App”, and “Send anytime, to anywhere using An Post Digital Stamps.”
The complainant considered the advertisement to be misleading as An Post Digital Stamps have an expiry of six months from purchase, meaning consumers could not use them to “send anytime”.
The complainant also said the claim “no limits” was untrue as the digital stamps do have limits whereas traditional, physical stamps do not. |
Upheld |
4.01, 4.04, 4.09 and 4.10 |
|
|
Aldi Stores (Ireland) Limited |
Online (Advertiser’s Own Website) |
Misleading / Environmental |
The advertisement promoted Burn and Glow Lignite Coal and featured a number of claims including “they’re also virtually smokeless and an environmentally friendly option“.
The complainant considered the claim “environmentally friendly” was unsubstantiated and false. They said that fossil fuels were not environmentally friendly as they increased the concentration of greenhouse gas carbon dioxide into the atmosphere.
The complainant also said that burning fossil fuels, especially in an open grate, was one of the most polluting and inefficient ways to heat your home. They said that even “smokeless fuels” emit fine particulate matter which is particularly damaging to human health and air quality. The complainant referred to information from the Environmental Protection Agency (EPA) website to support their comments. |
Upheld |
4.01, 4.04, 4.09, 4.10 and 15.02 |
|
|
BEO Wellness |
Online (Influencer’s Social Media) |
Misleading |
Four images were posted to the influencer’s Instagram story, each promoting items from the influencer’s own business. Three of the images were marked as “own brand”, while one image did not include any text other than a link to purchase the product.
The complainant considered the story posts to be misleading as they said it was not clear to consumers that these posts were advertisements.
The complainant also said that while the tag “own brand” was included in three of the photos, none of the photos included the primary disclosure label “#AD”. |
Upheld |
3.31, 3.32, 4.01 and 4.04 |
|
|
Skinbae & Beyond Co. |
Online (Influencer’s Social Media) |
Misleading |
Two images were posted to the influencer’s Instagram story, one of which depicted a make up application with a contour brush, while the other showed the results of using the brush.
Two issues were identified in the complaint:
Issue 1: The disclosure did not include a hashtag before “ad” meaning the disclosure was therefore marked incorrectly. The complainant also said the disclosure was barely visible as it was written in small white text at the bottom of the screen.
Issue 2: The complaint said the influencer was using a filter while applying the advertiser’s product on herself which was misleading. |
Issues 1 and 2:
Upheld |
3.31, 3.32, 4.01, 4.04 and 4.10 |
|
|
Daikin |
Radio |
Misleading / Environmental |
The advertisement featured a conversation between a father and daughter and featured a number of statements including “Daikin Energy Efficient Heat Pumps provide steady, reliable heat all year round. And because they run on renewable energy, they are good for the planet too!”
The complainant considered the above claim misleading as pumps run on electricity and it was dishonest to describe them as renewable energy when only a percentage of electricity delivered through the national grid is generated through renewable sources. They said the balance was generated by burning fossil fuels and on that basis, the advertisement was misleading. |
Upheld |
4.01, 4.04, 4.09, 4.10, 15.02 and 15.05 |
|
One complaint was not upheld by the Independent Complaints Council:
| Advertiser | Medium | Complaint Category | Description | Complaint Status | Section Breached | Link |
|
Ocean Healthcare Ltd. – Bio Oil |
Outdoor |
Misleading / Health and Beauty |
A bus shelter advertisement for Bio Oil Skincare Oil featured an image of the product together with two testimonial quotes which featured a number of statements including “Helps improve the appearance of both new and old scars”, and “Helps reduce the possibility of stretch marks forming during pregnancy, teenage growth spurts and periods of rapid weight gain.”
The complainant considered the advertisement misleading as it had included claims for the product without providing supporting empirical data or survey data.
|
Not Upheld |
N/A |
The Advertising Standards Authority conducts ongoing monitoring of advertising across all media and since 2007, has examined over 27,000 advertisements, with an overall compliance rate of 98 percent. The Advertising Standards Authority Monitoring Service monitors compliance with the Complaints Council’s adjudications.
Media are reminded that advertisements found to be in breach of the Code cannot be accepted for publication.
Visit adstandards.ie to learn more
To keep up to date on Advertising Standards Authority activity, follow the organisation on:
Instagram @adstandardsireland
LinkedIn @Ad-Standards-Ireland
